The Final Call

Sandra Bland case highlights lax Texas state police practices

What's your opinion on this article?

A grand jury on Dec. 21 decided that no felony crime was committed by sheriff’s officers or jailers in the death of the 28-year-old Black woman from Chicago. Authorities say Ms. Bland hanged herself in jail with a plastic garbage bag three days after trooper Brian Encinia pulled her over for not signaling a lane change.

Mr. Encinia, who is White, has been on paid desk duty since the confrontation recorded on dashcam video heightened national concern about police treatment of Blacks. Critics including Ms. Bland’s family wondered why a routine traffic stop escalated into an altercation that led to Encinia brandishing a stun gun and making the threat to light her up.

The stop also has invited scrutiny of the Texas Department of Public Safety that oversees state police. Records obtained by The Associated Press show at least six formal complaints have been found valid since the beginning of 2012 against members of the nearly 4,000-strong force for violating traffic stop procedures—the kind of incidents like the one involving Encinia and Bland. Two troopers received written reprimands, and the others received suspensions ranging from 1 to 30 days without pay.

But the department cannot put a number on informal accusations raised against troopers— such as rudeness or attitude— in which citizens don’t sign their names to affidavits that trigger formal investigations. Law enforcement watchdogs said that is a glaring departure from most major U. S. police departments that keep tally of all citizen contacts, even for accusations that are considered minor or quickly proven baseless upon reviewing patrol-car video.

“It’s almost shocking that they don’t,” said Jeff Noble, former deputy chief of the Irvine Police Department in California and now a prominent law enforcement consultant. “This is the state police of Texas. That’s no small department.”

DPS Director Steve McCraw defended the department’s handling of complaints as serious and rigorous. “We investigate all complaints,” Mr. McCraw said. “I’ve had them drive the videos all the way up to my office when we’ve had complaints.”

If cleared of criminal wrongdoing by the grand jury, Mr. Encinia would still face internal discipline. Mr. Mc- Craw has acknowledged that Mr. Encinia violated routine practices for conduct during a traffic stop.

Although none of the officers at the Waller County Jail where Ms. Bland was imprisoned were indicted, the grand jury did not reach a decision on Mr. Encinia’s fate.

“The dashcam video showed that Mr. Encinia not only broke policy and was unprofessional but engaged in what we believe to be criminal behavior as it relates to Sandra Bland and her stop and apprehension,” said Student Minister Robert Muhammad, Southwest Regional Representative of the Nation of Islam.

There is not a great sense of optimism Mr. Encinia will be indicted by a grand jury where he is scheduled to appear sometime in January. Many activists have called for a federal investigation into Ms. Bland’s death, he said.

Student Minister Muhammad along with other community supporters, joined members of Ms. Bland’s family and their attorneys in court in mid-December for a preliminary hearing on the wrongful death federal lawsuit her mother filed which is scheduled for Jan. 23. The suit is against Mr. Encinia, Texas Department of Public Safety, Waller County and others.

“The problem is that the grand jury proceedings are secret and the material, evidence and the reports the family needs such as the Texas Ranger’s report along with other important reports are caught up in the grand jury process,” said Student Minister Muhammad. With a grand jury there is no way to find out who was called or what information, materials or evidence was presented to find out what happened to Sandra Bland, he continued.

“The family doesn’t have access to the comprehensive report by the Texas Rangers and because this is a criminal matter, it’s being investigated as a homicide. The federal district judge is hampered because it’s a state criminal investigation and the wrongful death suit is a civil suit.”

Sandra Bland’s family and the community are still being left in the dark about the case, added Student Minister Muhammad.

“We’re at a distinct disadvantage and this is why the cry for justice or else is so relevant and so pertinent to this situation and our overall condition here in North America in 2015 going into 2016.”

Final Call staff contributed to this report.